AKERS v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 91-5544.

966 F.2d 205 (1992)

George L. AKERS, Plaintiff, Wolodymyr Cybriwsky, Attorney-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 12, 1992.


Attorney(s) appearing for the Case

Wolodymyr Cybriwsky (argued and briefed), Prestonsburg, Ky., for attorney-appellant.

John S. Osborne (argued), Office of U.S. Atty., Lexington, Ky., John Jarrett (briefed), Dept. of Health & Human Services, Atlanta, Ga., for defendant-appellee.

Before: KEITH and SILER, Circuit Judges; and COHN, District Judge.


SILER, Circuit Judge.

Appellant, Wolodymyr Cybriwsky ("counsel"), appeals the district court's order, which calculated counsel's fee based solely on the accrued benefits, excluding interim benefits under 42 U.S.C. § 423(g)(1), paid to plaintiff, George L. Akers ("claimant"). The issue is whether claimant's interim benefits are "past-due benefits" under 42 U.S.C. § 406(b)(1) for purposes of calculating counsel's fee. For the following reasons, we REVERSE...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases